Harbours Act , 1946

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Harbours Act, 1946.

2 Definitions.

2.—(1) In this Act, save where the context otherwise requires—

the words “aircraft” and “aerodrome” have the same meanings respectively as they have in the Air Navigation and Transport Act, 1936 (No. 40 of 1936);

the expression “annual meeting” has the meaning assigned to it by subsection (1) of section 20 of this Act;

the expression “chamber of commerce member” has the meaning assigned to it by section 7 of this Act;

the expression “the collector of rates” means the collector of rates or the harbour master and collector of rates (as the case may be) under section 38 of this Act of a harbour;

the expression “elected member” has the meaning assigned to it by section 7 of this Act;

the expression “election year” means a year which, in accordance with section 9 of this Act, is an election year for the purposes of this Act in respect of the relevant harbour authority;

the expression “the General Manager” means the General Manager under section 39 of this Act of a harbour;

the word “goods” includes livestock, minerals, wares, chattels and merchandise of all descriptions;

the expression “goods rates” has the meaning assigned to it by paragraph (b) of section 94 of this Act;

the expression “graving dock” includes any patent slip, gridiron, saucer or other like work;

the word “harbour” means the harbour of a harbour authority;

the expression “harbour authority” means a body mentioned in the first column of the First Schedule to this Act, but—

(a) in the case of the council of the urban district of Kilrush, the expression shall be construed as referring to that council acting as the body maintaining Cappa Pier at Kilrush, and

(b) in the case of the council of the urban district of Youghal, the expression shall be construed as referring to that council acting as the body maintaining Youghal Harbour;

the expression “the harbour master” means the harbour master or the harbour master and collector of rates (as the case may be) of a harbour under section 38 of this Act;

the expression “harbour rates order” has the meaning assigned to it by section 104 of this Act;

the expression “harbour works order” has the meaning assigned to it by section 134 of this Act;

the expression “labour member” has the meaning assigned to it by section 7 of this Act;

the expression “livestock member” has the meaning assigned to it by section 7 of this Act;

the expression “local authority” means a local authority for the purposes of the Local Government Act, 1941 (No. 23 of 1941);

the expression “local authority member” has the meaning assigned to it by section 7 of this Act;

the expression “manufacturer member” has the meaning assigned to it by section 7 of this Act;

the word “master” means the person having command or charge of the vessel in relation to which that word is used, but does not include pilots;

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “nominated member” has the meaning assigned to it by section 7 of this Act;

the expression “the office of the collector of rates” means such place or any of such places as may from time to time be designated by the relevant harbour authority for the purpose of payment of rates chargeable by them;

the word “owner” includes, in relation to goods, any consignor, consignee, shipper or agent for sale or custody of such goods;

the expression “pilotage authority” has the same meaning as it has in the Pilotage Act, 1913;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “principal office” means the principal office maintained by a harbour authority under section 147 of this Act;

the expression “provisional harbour works order” has the meaning assigned to by it by section 135 of this Act;

the word “rates” includes tonnage rates, goods rates and service rates;

the expression “the secretary” means the secretary under section 38 of this Act of a harbour;

the expression “service rates” has the meaning assigned to it by paragraph (c) of section 94 of this Act;

the expression “tonnage rates” has the meaning assigned to it by paragraph (a) of section 94 of this Act;

the word “vessel” includes a ship, boat or other vessel of any description.

(2) A reference in this Act to a contravention of any provision includes, where appropriate, a reference to a contravention of that provision by failing or refusing to comply therewith.

(3) Any reference in this Act to the limits of a harbour shall be construed—

(a) in the case of a harbour as respects which a harbour works order fixing the limits thereof is for the time being in force—as a reference to the limits of the harbour as fixed by such order, but subject to any variation therein for the time being in force under any other harbour works order, and

(b) in any other case, as a reference to—

(i) if the harbour is Dublin Harbour—the limits of Port of Dublin within the meaning of section 2 of the Dublin Port and Docks Act, 1869, and

(ii) if the harbour is not Dublin Harbour—the limits of the harbour as existing immediately before the passing of this Act,

but subject to any variation therein for the time being in force under any harbour works order.

3 Expenses.

3.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4 General provisions as to regulations.

4.—(1) The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) A power conferred by this Act on the Minister to make regulations shall be construed as a power to make such regulations in relation to harbour authorities generally or to one or more than one specified harbour authority and to make different regulations in relation to different harbour authorities.

(3) Regulations made by the Minister under this Act shall have the force of law in accordance with their terms.

5 Temporary provision with respect to membership of certain harbour authorities.

5.—The following provisions shall, notwithstanding anything contained in any other section of this Act or in any other enactment, have effect in relation to a harbour authority (not being a local authority) during the period beginning on the day of the passing of this Act and ending on the day before the second Thursday in the month of October in the year appointed under section 6 of this Act in respect of the harbour authority:

(a) subject to paragraph (b) of this section, the harbour authority shall consist of the persons acting as members thereof immediately before the passing of this Act;

(b) whenever any of the said persons dies or resigns, the vacancy occasioned thereby shall be filled by the remainder of the said persons co-opting a person to fill the vacancy;

(c) if any provisions contained in sections 37 to 52 and section 55 of the Commissioners Clauses Act, 1847, applied in relation to the harbour authority immediately before the passing of this Act, those provisions, subject to any variations which may have been made in them by the enactment by virtue of which they so applied, shall continue to apply in relation to the harbour authority.

PART II. Members and Procedure of Harbour Authority.

6 Commencement of Part II.

6.—(1) This Part of this Act shall come into operation in relation to a harbour authority in such year as the Minister may by order appoint in respect of such harbour authority and as follows:

(a) so much of this Part of this Act as relates to the appointment, election and nomination of members of a harbour authority shall come into operation on the 7th day of July in the year so appointed,

(b) the remainder of this Part of this Act shall come into operation on the second Thursday in the month of October in the year so appointed.

(2) Where the Minister makes an order under this section in respect of a harbour authority which is a local authority, he shall include in the order, and it shall have effect accordingly, provisions creating on the second Thursday in the month of October in the year appointed by the order a new authority named in the order, transferring on that day to the new authority the harbour of the local authority, the management and control of such harbour and the assets, liabilities, officers and servants connected therewith and providing for any other matters supplemental or ancillary to the creation of the new authority, and the following provisions shall, in addition to those contained in the order, also have effect:

(a) the first appointment, election and nomination of the members of the new authority shall be carried out pursuant and subject to this Part of this Act as if the reference in the first column of Part II of the First Schedule to this Act to the local authority were a reference to the new authority,

(b) tonnage rates paid to the local authority during the year next preceding the year appointed by the order shall, in relation to such first election, be regarded as tonnage rates paid to the new authority during such preceding year,

(c) if the Minister appoints first members of the new authority under paragraph (b) of section 11 of this Act, he shall so appoint two persons who in his opinion are representative of the persons who have paid tonnage rates to the local authority,

(d) on and after the second Thursday in the month of October in the year appointed by the order, the reference in the first column of Part II of the First Schedule to this Act to the local authority shall be construed as a reference to the new authority.

7 Members of harbour authority.

7.—(1) A harbour authority mentioned in the first column of Part I of the First Schedule to this Act shall consist of the following members:

(a) five members (in this Act referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to four of such members by the local authority mentioned firstly in the second column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other one of such members by the local authority secondly mentioned as aforesaid;

(b) four members (in this Act referred to as chamber of commerce members) appointed by the chamber of commerce mentioned in the third column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to two of such members by the chamber of commerce mentioned firstly in the third column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other two of such members by the chamber of commerce secondly mentioned as aforesaid;

(c) two members (in this Act referred to as livestock members) appointed—

(i) in case one organisation is specified, in the order for the time being in force under subsection (3) of this section, by the organisation so specified,

(ii) in case two organisations are specified in the order for the time being in force under subsection (3) of this section, as to one of such members by the first organisation so specified and as to the other of such members by the second organisation so specified;

(d) two members (in this Act referred to as manufacturer members) appointed by the Federation of Irish Manufacturers, Limited;

(e) two members (in this Act referred to as labour members) appointed by the organisation specified in the order for the time being in force under subsection (4) of this section in respect of the harbour authority;

(f) four members (in this Act referred to as elected members) elected by the qualified electors;

(g) four members (in this Act referred to as nominated members) nominated by the Minister.

(2) A harbour authority mentioned in the first column of Part II of the First Schedule to this Act shall consist of the following members:

(a) (i) in the case of the New Ross Harbour Commissioners, six members (in this Act also referred to as local authority members) two of whom shall be appointed by each of the local authorities mentioned in the second column of the said Part II opposite the mention in the said first column of the New Ross Harbour Commissioners,

(ii) in the case of any other harbour authority, four members (in this Act also referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part II opposite the mention in the said first column of the harbour authority or, where there are two local authorities so mentioned, appointed as to two of such members by the local authority mentioned firstly and as to the other two of such members by the local authority mentioned secondly;

(b) in the case of a harbour authority in respect of which a chamber of commerce is mentioned in the third column of the said Part II opposite the mention in the said first column of the harbour authority, two members (in this Act also referred to as chamber of commerce members) appointed by the chamber of commerce;

(c) two members (in this Act also referred to as elected members) elected by the qualified electors;

(d) three members (in this Act also referred to as nominated members) nominated by the Minister.

(3) The Minister for Agriculture may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of Part I of the First Schedule to this Act declare that a specified organisation or two specified organisations of livestock traders shall appoint the livestock members of such harbour authority.

(4) The Minister may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of Part I of the First Schedule to this Act declare that a specified organisation representative of labour interests shall appoint the labour members of such harbour authority.

(5) Each of the following persons or groups of persons shall, as respects any particular election of elected members of a harbour authority, be a qualified elector for the purposes of paragraph (f) of subsection (1) or paragraph (c) of subsection (2) (as may be appropriate) of this section:

(a) a body corporate incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority, during the year ended on such 31st day of December, tonnage rates of an amount not less than the minimum sum,

(b) an individual who was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year, tonnage rates of an amount not less than the minimum sum,

(c) a group of individuals any one of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum,

(d) in the case of a corporate body not incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such corporate body provided that such manager was ordinarily resident in the State during such year,

(e) in the case of an individual who was not ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such individual provided that such manager was ordinarily resident in the State during such year,

(f) in the case of a group of individuals none of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such group provided that such manager was ordinarily resident in the State during such year.

(6) In subsection (5) of this section—

(a) the word “vessel” means a vessel registered in the State under the Merchant Shipping Acts, 1894 to 1939,

(b) the word “owner” means a registered owner within the meaning of the Merchant Shipping Acts, 1894 to 1939.

(7) In subsection (5) of this section, the expression “the minimum sum” means—

(a) as respects a harbour authority mentioned in Part I of the First Schedule to this Act, twenty pounds,

(b) as respects a harbour authority mentioned in Part II of the First Schedule to this Act, either—

(i) ten pounds or,

(ii) in the case of any particular election in respect of which the Minister is of opinion that the application of subparagraph (i) of this paragraph would result in the number, of electors being unduly small, such sum less than ten pounds as the Minister directs.

(8) Until the first occurrence, after all moneys borrowed by the Galway Harbour Commissioners under section 48 of the Galway Harbour Act, 1935 (No. 2 (Private) of 1935), have been repaid, of a day which is the second Thursday in the month of October in an election year, subsection (2) of this section shall have effect in relation to the Galway Harbour Commissioners as if there were substituted therein for the words “four members” the words “five members” and for the words “appointed as to two of such members” the words “appointed as to three of such members”.

(9) One at least of the nominated members of a harbour authority mentioned in Part II of the First Schedule to this Act shall be a person who, in the opinion of the Minister, is representative of labour interests.

8 Special representation of local authorities in certain cases.

8.—(1) Where—